Cape Town - More organisations both within and outside the legal fraternity are
piling on the pressure for Western Cape Judge President John Hlophe and his wife Judge Gayaat Salie-Hlophe to take
compulsory leave as the Judicial
Service Commission (JSC) investigates complaints levelled against them.
The Council for the Advancement of the South African Constitution (Casac) said delays in dealing with the debacle around Judge Hlophe would exacerbate concerns that the JSC was lackadaisical in dealing with complaints.
The concerns by Casac executive secretary Lawson Naidoo come in the wake of the war of words that erupted after Deputy Judge President Patricia Goliath lodged an official complaint against Judge Hlophe and his wife.
“The serious allegations levelled against Judge President Hlophe and Judge Salie-Hlophe amount to a
serious misconduct and demand urgent investigation and resolution.
“Noting that Deputy Chief Justice Zondo is presently primarily occupied with the commission of inquiry into state capture, the demands on his times are onerous but we appeal to him to prioritise this matter,” said Naidoo.
Goliath accused the judge
president of gross misconduct,
verbal abuse, preferential treatment and physical assault.
Judge Salie-Hlophe then launched a scathing attack on Judge Goliath in a replying affidavit, saying the
allegations were like a scud missile to injure her.
Following the pressure from
various bodies for immediate action, the JSC indicated a statutory body chaired by Deputy Chief Justice Raymond Zondo and other senior judges would be dealing with the complaint.
According to Casac, the JSC expressed in statement on January 29, its displeasure at receiving what it called “unsolicited guidance on how the JSC should deal with complaints”.
Naidoo added: “We call on the JSC to reconsider this unfortunate comment as it infringes on the values and principles of the constitution, in particular accountability, responsiveness and openness. It sets a dangerous precedent of evading accountability.”
Casac further said placing Goliath, the judge president and Salie-Hlophe on special leave was in the interest of justice and that they must recuse themselves immediately so as to
preserve the integrity of the judiciary and in particular, the Western Cape High Court.
The General Council of the Bar of South Africa (GCB) also fully supports the call for the trio to go on special leave.
GCB chairperson Craig Watt-Pringle said: “The fact that these allegations have been made and are in the public domain is sufficient to impact adversely on public confidence in the judiciary.
“There is precedent for judges
facing complaints of judicial
misconduct to request the Minister of
Justice and Correctional Services to be
permitted to go on special leave, before suspensions are implemented.”
Chief Justice Mogoeng Mogoeng has, meanwhile, welcomed the investigation by the JSC against the judge president and his wife.
JSC spokesperson CP Fourie said once investigation into the complaint was concluded, the findings or recommendations would be communicated to the media and the public.